PA110 Civil Litigation I
Unit 6 Seminar
Unit 6 & 7 Assignments
Deadline: 11:59 PM ET, Tuesday, December 21 &
28, Units 6 & 7 respectively
Dropbox items for Unit 6:
Unit 6 Action Item 1 (85 points)
Unit 7 Action Item 2 (85 points)
Unit 6 Action Item
Using the information you've collected thus far in the
Justin King case, draft five (5) interrogatories to the
Plaintiff and five (5) interrogatories to one Defendant, a
TOTAL OF TEN (10) interrogatories.
See assignments posted in Doc Sharing
Unit 7 Action Item 1
Complete two (2) requests for production from the Plaintiff,
Justin King, to one Defendant AND two (2) requests for
production from one Defendant to Plaintiff, Justin King.
Formal Discovery
Discovery: formal exchange of information between the
parties
Types of formal discovery:
Interrogatories
Requests for production of documents
Depositions
Independent medical exam
Requests for admissions
Request for inspection
Requests for Production of Documents
Party may offer to produce records for
examination in response to interrogatories
seeking the contents of business records
FRCP 34 cannot be used to compel a party to
prepare a document that does not already exist.
Response to Requests for Production
produce business records in the same form and
condition as they are normally used in the
respondent’s business.
Interrogatories
Tool of formal discovery that permits a party to
obtain written answers to questions about a case
Limit: Under federal rules, only 25
interrogatories
Requests for Admissions
Must be served on the other party
Must be in writing
May be used in conjunction with interrogatories
Federal Rules do not specify a limit
Once made, an admission cannot be corrected or
withdrawn without consent of other party or court
(judicial admission)
Independent Medical Exam (IME)
“The court … may order a party whose mental or
physical condition . . . is in controversy to submit to a
physical or mental examination . . . ”
Court may compel if medical condition “at issue”
Examiner’s Report
Persons Required to Submit to IME
Parties
Dependent child of parents who bring suit on behalf of
the child
Someone who is directly under the control of a party
Not required:
Employees of a corporation that is a party
Defendant’s Right to IME
Unless the plaintiff places his or her physical
condition into issue, the defendant does not
have a right to an independent medical
examination of the plaintiff.
Suing for personal injury damages places the
physical condition into issue
Requests for Inspection of Documents
Signed by attorney (not paralegal)
scheduling and conducting inspections of property
and documents.
Consequences for Failure to Submit to IME
Dismiss plaintiff’s lawsuit
Resolve the disputed medical facts against the party
Strike the defendant’s answer and find the party in default
Note: Contempt of court may not be ordered
for failure to submit to an IME
Depositions
Discovery procedure that permits one to obtain
the most detailed information from an adverse
party or witness.
Deposition Terminology
Depose (verb): to conduct a deposition
Deponent (noun): the person who is being
asked the questions during the deposition (party
or witness)
Recording of Deposition
Court reporter/transcript
Video
Audio tape
Ethical Considerations
Only the attorney should ask the questions of
the deponent during the deposition
Use of Depositions at Trial
May be used as:
substantive evidence (if witness unavailable)
impeachment purposes